Malaysia Case Law: Decisions & Judgments

Topic

Housing developers (control and licensing) act 1966

Legal area

Court

31 Mar 2023

LADANG VENU (M) SDN. BHD. D Pristine Medini Sdn Bhd

Citation

BA-22NCvC-187-05/2021 (Mahkamah Tinggi)
Court

High Court
Case number

BA-22NCvC-187-05/2021 (Mahkamah Tinggi)

The court dismissed the defendant's striking out application because the plaintiff's pleaded case raises reasonable triable issues of fact and law that are not plainly or obviously unsustainable; the matters require full trial and witness evidence rather than summary dismissal under Order 18 r 19; accordingly the plaintiff has shown a cause of action and the interlocutory application must fail.
HARIRAM JAYARAM

Citation

HARIRAM JAYARAM
Court

Malaysian court

The Housing Developers Act and its standard Schedule H sale and purchase agreements are specific statutory provisions that govern the rights of house purchasers and therefore displace the general provisions of the Contracts Act 1950; because the plaintiffs did not indicate the contract was voidable at the original completion date there was no application of s.56(3), and the clear unambiguous terms of the standard agreement entitled purchasers to sue for liquidated ascertained damages without rescinding.
LIM HUI KOK & ORS. V. ANTARA REALTY SDN. BHD. & ANOR.

Citation

LIM HUI KOK & ORS. V. ANTARA REALTY SDN. BHD. & ANOR.
Court

Malaysian court

The court found that the proposed representatives and the other plaintiffs form a class with a common interest and common grievance and that the relief sought would be beneficial to all; accordingly the prerequisites of Order 15 r.12 were satisfied and the application to continue the proceedings as a representative action was granted.

Malaysia Case Law

LADANG VENU (M) SDN. BHD. D Pristine Medini Sdn Bhd

HARIRAM JAYARAM

LIM HUI KOK & ORS. V. ANTARA REALTY SDN. BHD. & ANOR.